Stylemark Construction, Inc. v. Spies

MILLER, Justice.

Appellee brought suit for commissions allegedly due him on sales of property for the appellant. Trial was to the court, which found appellant had failed to file an answer in the cause, though being served with citation. In the default hearing, judgment, including liquidated damages, attorney’s fees and exemplary damages, was awarded to the appellee in the aggregate sum of $45,000.00, together with interest on said judgment and all costs of court. Appellant brings forth nine points of error. We reverse and remand.

After filing suit for the money allegedly due him, appellee…